Common use of TERM OF THE AGREEMENT AND TERMINATION Clause in Contracts

TERM OF THE AGREEMENT AND TERMINATION. 17.1. The Agreement shall enter into force as soon as the Client has performed all the necessary actions required for acceptance of the Forex Company’s public offer mentioned in the Agreement, and remains valid until the parties have fully performed the obligations assumed hereunder. 17.2. The Agreement may be terminated by agreement of the parties. 17.3. The Forex Company may repudiate the Agreement unilaterally in the event of: its decision to terminate its activity at OTC Forex market; alteration of legislation preventing the parties from further performance of the Agreement; the Client’s default on his/her obligations set forth by the Agreement; the Client’s breach of representations and warranties given in clause 16.1. hereof; the Client’s failure to provide documents (information) required for identification of participants of financial transaction for the purposes of anti-money laundering and anti-terrorist financing laws and laws on non-proliferation of weapons of mass destruction, as well as when the Forex Company reasonably suspects that the Client participates in money laundering, terrorist financing or financing of proliferation of weapons of mass destruction; the Client’s failure to provide a personal data form required for his/her data updating according to the Terms and Conditions of Transactions within 3 months from the date of respective request; absence of transactions with the Client’s account during the last calendar month; 17.4. Subject to compliance with all his/her obligations hereunder, the Client may repudiate this Agreement: when the Client does not agree with amendments to the Agreement, including concerning types and (or) size of the Forex Company’s remuneration; when the Client does not agree with amendments to the Terms and Conditions of Transactions; for other reasons consistent with the Agreement, subject to a prior notice (application) sent to the Forex Company not later than 15 (fifteen) working days before the date of expected termination of the Agreement. In the event of repudiation of the Agreement, the Client shall close all the positions and comply with other obligations set forth by the Agreement. The Agreement shall be deemed terminated only after the Client has complied with all his/her obligations hereunder. 17.5. In the event of repudiation of the Contract by the Forex Company or the Client in the cases provided by clauses 17.3 or 17.4 of this section, from the moment of receipt by the other party of respective notice of repudiation of the Agreement: 17.5.1. all continuing and current obligations of the Client to the Forex Company shall be deemed mature, and all the amounts to be paid by the Client to the Forex Company shall become due immediately; 17.5.2. the Client shall close all his/her open positions not later than the next working day. Upon expiration of this time, all the Client’s open positions will be forcibly closed by the Forex Company; 17.5.3. the Forex Company may limit functionality of the Forex Company making it possible for the Client to only close the open positions without the right to adjust them or to open new ones, while upon expiration of the time specified in sub-clause 17.5.2. of this clause – terminate the Client’s access to the Forex Terminal. 17.5.4. the Forex Company has the right not to accept and (or) not to execute the Client’s orders for opening of new positions, as well as on changes to the open positions, except for orders to close them; 17.5.5. the Forex Company may withhold the funds deposited by the Client as margin security until the Client has complied with all his/her obligations hereunder, including as regards settlements under the Transactions being executed. In these circumstances, for the purpose of settlements the Forex Company may combine the Client’s liabilities and the Client’s margin security kept with different accounts of the Client into a single balance and perform mutual settlements with it; 17.5.6. the Forex Company may, at its own discretion, write off the funds due from the Client from the Client’s margin security. In these circumstances, for the purpose of settlements the Forex Company may write off the funds both in the liability currency and in other foreign currency of the margin security, other than the foreign currency of the Client’s liabilities, at the conversion rate calculated against the official rate of the Belarusian xxxxx to the foreign currency established by the National Bank of the Republic of Belarus as of payment date. 17.6. Unless otherwise determined by the parties hereto in writing, the Forex Company shall return to the Client the funds remaining upon compliance by the Client with all his/her obligations hereunder (hereinafter in this clause – the obligations compliance moment) within 10 (ten) working days from the obligations compliance moment. The bank account to which the funds are returned shall be opened exclusively to the name of the Client. Transfer of funds in favor of third persons is not allowed. When the Agreement is terminated by reason of inclusion of the Client into the list of organizations and natural persons involved in terrorist activity determined in the prescribed manner, the Forex Company shall freeze the funds of this Client.

TERM OF THE AGREEMENT AND TERMINATION. 17.1. The Agreement shall enter into force as soon as the Client has performed all the necessary actions required for acceptance of the Forex Company’s public offer mentioned in the Agreement, and remains valid until the parties have fully performed the obligations assumed hereunder. 17.2. The Agreement may be terminated by agreement of the parties. 17.3. The Forex Company may repudiate the Agreement unilaterally in the event of: its decision to terminate its activity at OTC Forex market; alteration of legislation preventing the parties from further performance of the Agreement; the Client’s default on his/her obligations set forth by the Agreement; the Client’s breach of representations and warranties given in clause 16.1. hereof; the Client’s failure to provide documents (information) required for identification of participants of financial transaction for the purposes of anti-money laundering and anti-terrorist financing laws and laws on non-proliferation of weapons of mass destruction, as well as when the Forex Company reasonably suspects that the Client participates in money laundering, terrorist financing or financing financ- ing of proliferation of weapons of mass destruction; the Client’s failure to provide a personal data form required for his/her data updating according to the Terms and Conditions of Transactions within 3 months from the date of respective request; absence of transactions with the Client’s account during the last calendar month; 17.4. Subject to compliance with all his/her obligations hereunder, the Client may repudiate this Agreement: when the Client does not agree with amendments to the Agreement, including concerning con- cerning types and (or) size of the Forex Company’s remuneration; when the Client does not agree with amendments to the Terms and Conditions of Transactions; for other reasons consistent with the Agreement, subject to a prior notice (application) sent to the Forex Company not later than 15 (fifteen) working days before the date of expected termination of the Agreement. In the event of repudiation of the Agreement, the Client shall close all the positions and comply with other obligations obli- gations set forth by the Agreement. The Agreement shall be deemed terminated only after the Client has complied with all his/her obligations hereunder. 17.5. In the event of repudiation of the Contract by the Forex Company or the Client in the cases provided by clauses 17.3 or 17.4 of this section, from the moment of receipt by the other party of respective notice of repudiation of the Agreement: 17.5.1. all continuing and current obligations of the Client to the Forex Company shall be deemed mature, and all the amounts to be paid by the Client to the Forex Company shall become due immediately; 17.5.2. the Client shall close all his/her open positions not later than the next working day. Upon expiration of this time, all the Client’s open positions will be forcibly closed by the Forex CompanyCom- pany; 17.5.3. the Forex Company may limit functionality of the Forex Company making it possible for the Client to only close the open positions without the right to adjust them or to open new ones, while upon expiration of the time specified in sub-clause 17.5.2. of this clause – terminate the Client’s access to the Forex Terminal16.5. 17.5.4. the Forex Company has the right not to accept and (or) not to execute the Client’s orders for opening of new positions, as well as on changes to the open positions, except for orders to close them; 17.5.5. the Forex Company may withhold the funds deposited by the Client as margin security until the Client has complied with all his/her obligations hereunder, including as regards settlements under the Transactions being executed. In these circumstances, for the purpose of settlements the Forex Company may combine the Client’s liabilities and the Client’s margin security kept with different accounts of the Client into a single balance and perform mutual settlements with it; 17.5.6. the Forex Company may, at its own discretion, write off the funds due from the Client from the Client’s margin security. In these circumstances, for the purpose of settlements the Forex Company may write off the funds both in the liability currency and in other foreign currency of the margin security, other than the foreign currency of the Client’s liabilities, at the conversion rate calculated against the official rate of the Belarusian xxxxx to the foreign currency established by the National Bank of the Republic of Belarus as of payment date. 17.6. Unless otherwise determined by the parties hereto in writing, the Forex Company shall return to the Client the funds remaining upon compliance by the Client with all his/her obligations hereunder (hereinafter in this clause – the obligations compliance moment) within 10 (ten) working days from the obligations compliance moment. The bank account to which the funds are returned shall be opened exclusively to the name of the Client. Transfer of funds in favor of third persons is not allowed. When the Agreement is terminated by reason of inclusion of the Client into the list of organizations and natural persons involved in terrorist activity determined in the prescribed manner, the Forex Company shall freeze the funds of this Client.